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4, Quai Koch 67000 Strasbourg, France Phone:+33 (0)3.88.24.94.40 Fax:+33 (0)3.88.22.74.12 NGO: EUROPEAN CENTRE FOR LAW AND JUSTICE (ECLJ) UNIVERSAL PERIODIC REVIEW 40TH SESSION STATUS OF HUMAN RIGHTS IN THE REPUBLIC OF LITHUANIA FOR THE 40TH SESSION OF THE UNIVERSAL PERIODIC REVIEW www.ECLJ.org 4, quai Koch 67000 Strasbourg, France Phone:+33 (0)3.88.24.94.40 Fax:+33 (0)3.88.22.74.12 NGO: European Centre for Law and Justice (ECLJ) UPR Submission—Lithuania—40th Session Status of Human Rights in Lithuania for the 40th Session of the Universal Periodic Review Introduction 1. The European Centre for Law and Justice (ECLJ) is an international, non-governmental organisation dedicated to promoting and protecting human rights around the world. The ECLJ holds Special Consultative Status before the United Nations Economic and Social Council. The purpose of this report is to raise concerns regarding the status of human rights in the Republic of Lithuania (Lithuania) for the 40th Session of the Universal Periodic Review (UPR). Background 2. Lithuania is an Eastern European country with an estimated population of 2.7 million people1. Of the population, 77.2% identify as Roman Catholic, 4.1% as Russian Orthodox, 6.1% as not having a religion, and 10.1% as unspecified2. 3. Lithuania’s previous review was held on 2 November 20163. As a result of the review Lithuania received 171 recommendations, 170 of which Lithuania supported4. One recommendation that was supported by Lithuania, was that the government “[t]ake actions to improve sexual and reproductive health and rights according to previous recommendations and formulate a national strategy on sexual and reproductive health and rights, and integrate sexual and reproductive health into the next national health programme for 2026-2036”5. There were no recommendations made regarding freedom of religion. 4. While improving sexual and reproductive health sounds as though it would be purely beneficial to the Lithuanian people, it is important to note that the term “sexual and reproductive health” is used as a term synonymous with access to abortion, which is the deliberate killing of another human being. Thus, that particular recommendation is a push for Lithuania to expand abortion. Instead of supporting that recommendation, or any future recommendations of a similar nature, we encourage Lithuania instead to stand against the expansion of abortion and to make every effort possible to further protect and preserve the innocent lives of unborn children in accordance with its Constitution. Legal Framework 5. Under Article 19 of the Constitution of Lithuania, “[t]he right to life of a human being shall be protected by law”6. Furthermore, under Article 38 of the Constitution, “[t]he family shall be the basis of society and the State. Family, motherhood, fatherhood and childhood shall be under the protection and care of the State”7. 6. According to Order No. 50 of 28 January 1994 of the Ministry of Health of the Republic of Lithuania, Vilnius, on Procedures for Performing a Surgical Termination of Pregnancy: NGO: European Centre for Law and Justice (ECLJ) UPR Submission—Lithuania—40th Session Pregnancy may be terminated upon a woman’s request up to 12 weeks, provided there are no contraindications to this surgery. Termination of a pregnancy beyond 12 weeks is permitted in cases when the pregnancy threatens the life and health of the woman (Item 2)8. 7. This law also provides for abortion in the case of fetal abnormalities, under Section 2.4: Upon diagnosis of fetal abnormalities incompatible with life, the pregnancy may be terminated only after the possible effects on the mother’s health of a premature termination of pregnancy are explained to the woman (and preferably to her spouse as well)9. 8. Under Article 6 of the Convention on the Rights of the Child (CRC), to which Lithuania is a party: 1. States Parties recognize that every child has the inherent right to life. 2. States Parties shall ensure to the maximum extent possible the survival and development of the child10. 9. Furthermore, Lithuania has also signed and ratified the International Covenant on Civil and Political Rights (ICCPR) which states in Article 6 that “[e]very human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life11. Legality of Abortion World-Wide 10. According to the Center for Reproductive Rights, abortion is accessible to women in sixty- seven countries, with some gestational limitations, the most common of which is a limit on abortions after twelve weeks of pregnancy12. Fourteen countries allow abortion on “broad social or economic grounds”13; fifty-six countries “permit abortion to preserve” the mother’s life or health, including mental health; thirty-nine countries permit abortion only where the mother’s life is at risk14. Finally, twenty-six countries prohibit abortion altogether. Thus, out of the 202 countries discussed, a large majority – 121 countries – have strict limitations on abortion, with the remaining eighty-one countries that allow some limitations on abortion are in the minority15. 11. Abortion is a controversial topic, and it is not viewed favorably in a majority of countries. Abortion laws and regulations in specific countries are not clear cut or consistent across nations in the way that most laws or agreements on human rights are, but rather these laws are complicated and complex. In many countries where abortion is allowed more freely, there are still legal restrictions on government funding of abortion, as well as limits on the reasons for which a woman may have an abortion. 12. What most countries do agree on is that the State has an interest, not only in protecting women and girls, but also in protecting the lives of all their citizens – including the unborn16. This interest is enshrined in national and international documents alike, as well as through the legislation of individual countries. NGO: European Centre for Law and Justice (ECLJ) UPR Submission—Lithuania—40th Session 13. For instance, the Universal Declaration of Human Rights (UDHR) recognizes that “the inherent dignity and . equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,” and that [e]veryone has the right to life . .”17. Again, Article 6 of the ICCPR likewise states that “[e]very human being has the inherent right to life. [And that this] right shall be protected by law”18. It is important to note that while virtually all international treaties contain provisions for the protection and promotion of the right to life, not one contains a “right to abortion.” Abortion in Lithuania 14. Currently, Lithuania’s abortion laws follow the international norm by prohibiting abortion after the 12th week of pregnancy absent of any fetal abnormality that is “incompatible with human life” or if the pregnancy poses a health risk to the mother. Every year it is estimated that between 4,000 and 5,000 abortions are carried out in Lithuania; 6% of them are on girls under the age of 1919. 15. In 2018, a law was proposed that would further protect life in the womb and restrict abortion by no longer making abortion automatically on demand until 12 weeks into the pregnancy. Under the proposed law, abortion would be prohibited in all cases except: • [I]f the pregnancy would endanger the life or health of the pregnant woman, or • [T]here were reasonable grounds for suspecting that the woman had become pregnant has a result of rape20. However, this proposed legislation was ultimately rejected by the Lithuanian Parliament21. 16. While Lithuanian law currently does not support this, we have seen a growing trend across Europe of regulations allowing abortion in the cases of “fetal abnormalities.” This has led to the sky rocketing abortion rates of unborn babies that could have Down syndrome according to prenatal screenings. For example, Iceland has “eradicated” Down syndrome simply by carrying out abortions on any unborn child that shows the possibility for having Down syndrome22. 17. A study released in 2020 further shows the prevalence of abortion on unborn babies who could have Down syndrome23. The study found that between 2011 and 2015 the abortion rate of unborn babies suspected to have Down syndrome was 71% in southern Europe, 51% in Northern Europe, and 38% in Eastern Europe24. This has resulted in a 54% reduction on average across Europe in the births of babies with Down syndrome25. 18. Abortion is a grave injustice because it involves the deliberate killing of another human being. Furthermore, abortion also poses serious long term health risks for the mother. Abortion is not healthcare, and countries should stop referring to it as such. Lithuania has an obligation to protect the lives of both the unborn child and the mother. NGO: European Centre for Law and Justice (ECLJ) UPR Submission—Lithuania—40th Session Abortion is Dangerous for Women 19. Published research strongly indicates that abortion is much more dangerous than childbirth, contrary to claims from pro-abortion activists who say that abortion is safe, and even safer than childbirth. 20. In Finland, for example, researchers drew upon national health care data to examine the pregnancy history of all women of childbearing age who died, for any reason, within one year of childbirth, abortion, or miscarriage, between the years of 1987 and 1994 (a total of nearly 10,000 women). The study found that, adjusting for age, women who had abortions were 3.5 times more likely to die within a year than women who carried to term26. 21. Another study of nearly a half million Danish women, found that the risk of death after abortion was significantly higher than the risk of death after childbirth27.
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